A recent case on estoppel by convention in the context of an owner's termination of a construction contract provides a valuable reminder to both legal practitioners and project personnel on the dangers associated with ignoring the contract, even when it may seem safe to do so....By: Bennett Jones LLP
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On October 26, 2020, we provided an overview of the key features of Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, which is intended to amend the Alberta Builders' Lien Act (BLA) and become the Prompt Payment and Construction Lien Act. On October 28, 2020, Bill 37 passed its second reading in the Legislature of Alberta and on November 4, 2020, an amendment to Bill 37 titled Amendment A1 was carried. This amendment made substantial modifications to Bill 37 including......By: Bennet...
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KEY LEGAL AND REGULATORY DEVELOPMENTS - Legislative and Regulatory Reform - Permanent reforms in respect of virtual meetings and electronic execution - On 19 October, the Federal Government released for consultation exposure draft legislation that makes permanent changes to the Corporations Act 2001 (Cth) ("Corporations Act") in relation to virtual meetings and electronic document execution. The reforms make permanent the temporary relief, which allows companies to hold meetings virtually,...
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The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject of scrutiny and review, resulting in the recent passage of the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020 (Qld) ("BIFOLA Act"). The BIFOLA Act introduces significant changes such as the replacement of Project Bank Accounts with...
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As businesses continue to adapt to COVID-19, so does the process and focus on M&A activity in this new environment. I recently moderated a panel on How to Get a Deal Done During COVID-19 at the Business Transitions Forum East Conference 2020, which looked at some of the key business and legal issues companies are dealing with in M&A....By: Bennett Jones LLP
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While COVID-19 caused a dramatic slowdown to the deal-making boom of the last several years, we expect to see a resurgence in M&A activity in Canada and globally. Reuters reported that, "a deal frenzy in September led to a record third quarter with more than $1 trillion worth of transactions around the world, mostly focused on coronavirus-resilient sectors such as technology and healthcare."...By: Bennett Jones LLP
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On 16 October 2020, the English Court of Appeal delivered judgment in DB Symmetry v Swindon Borough Council & Another, confirming that a planning condition requiring dedication of land for public use without compensation is unlawful, and preferring the appellant's interpretation of the condition which avoided that result. On 16 October 2020, the English Court of Appeal delivered judgment in DB Symmetry v Swindon Borough Council & Another, confirming that the principle established in the...By: J...
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The Situation: On June 21, 2020, the Saudi Minister of Tourism, Ahmed Al-Khateeb, announced the creation of a Tourism Development Fund ("Fund") with an initial capital of SAR 15 billion (approximately US$4 billion). The Goal: The National Transformation Program ("NTP") aims at, among other things, marketing Saudi Arabia as a tourist destination regionally and globally....By: Jones Day
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New infrastructure projects will be an important part of Canada's recovery from the COVID-19 crisis, and many will be situated on the path of reconciliation with Indigenous peoples. Listen to what the evolving legal, policy and business environments mean for engagement with Indigenous communities on investment in infrastructure projects in Canada. Serge Dupont hosts this discussion with Will Osler and Sharon Singh, all of Bennett Jones LLP....By: Bennett Jones LLP
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The Canadian Securities Administrators recently published amendments to National Instrument 51-102 Continuous Disclosure Requirements (NI 51-102) related to the Business Acquisition Report (BAR) requirements. The amendments are intended to reduce the regulatory burden on reporting issuers that are not venture issuers (i.e., issuers that are listed on the TSX and not the TSXV) by changing the criteria under which an acquisition is considered a significant acquisition....By: Bennett Jones LLP
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